Mingguang People's Procuratorate of Anhui Province

Indictment

Ming Jian Er Bu Xing Shen [2020] No. 8

defendant Xia Moujia , male, 1986 ** month ** Born in Mingguang City, Anhui Province on January 1, 1998, ID card No. 3411821986 ******** , Han nationality, junior high school culture, unemployed, living in Mingguang City ** residential quarters ** area ** Building ** unit ** Room (residence in Mingguang City ** Sub district Office ** village ** group ** No.). He was detained by Mingguang Public Security Bureau for three days on April 21, 2019 and nine days on June 21, 2019 respectively for illegal sale of gasoline. He was detained by Mingguang Public Security Bureau on September 27, 2019 on suspicion of illegal business operation and dangerous driving. He was arrested with the approval of the court on October 25 of the same year and executed by Mingguang Public Security Bureau the next day.

The defendant Qiu Moujia, male, born in Mingguang City, Anhui Province on * * * *, 1988, ID card number 3411821988 **************, Han nationality, primary school culture, individual, lives in Room * *, Unit * *, * * Building * *, * * Community, Mingguang City (registered permanent residence: No. * * Group * *, * * Village, * * Sub district Office, Mingguang City). Having committed the crime of intentional injury On October 31, 2008, he was sentenced to 10 years' imprisonment by the People's Court of Longwan District, Zhejiang Province Months. He was detained by Mingguang Public Security Bureau on September 22, 2019 on suspicion of illegal business operation and dangerous driving. He was arrested with the approval of the court on October 25 of the same year and executed by Mingguang Public Security Bureau the next day.

Defendant Xue Moujia, male, born on * * *, 1979, Shandong Province Kenli County People, ID card number 370511179 **************, Han nationality, Junior high school culture, driver, residing at No. * *, * * Village, Kenli County, Dongying City, Shandong Province, was detained by Mingguang Public Security Bureau on October 11, 2019 on suspicion of committing the crime of illegal business, arrested with the approval of our hospital on October 25, the same year, and executed by Mingguang Public Security Bureau the next day.

Defendant Liu Moujia, male, born in Mingguang City, Anhui Province on * * * *, 1986, ID card number 3411821986 ***************, Han nationality, junior high school culture, unemployed, living in No. * *, * * Group, * * Village, * * Sub district Office, Mingguang City. He was convicted of dangerous driving January 29, 2017 Was sentenced by the Shanghai Changning District People's Court to criminal detention for one month, suspended for two months, and fined 6000 yuan; He was detained by Mingguang Public Security Bureau for illegal sale of gasoline on March 28, 2019 for eight days and June 19, 2019 for ten days respectively. On October 29, 2019, he was detained by Mingguang Public Security Bureau on suspicion of illegal business and dangerous driving. On December 24, the same year, he was arrested with the approval of the court and executed by Mingguang Public Security Bureau on the same day.

Defendant Wu Moujia, male, born in Mingguang City, Anhui Province on * * * *, 1980, ID card number 341127198 **************, Han nationality, junior high school culture, truck driver, living in No. * *, * * Village, Mingguang City (domicile place: No. * *, * * Lane, Mingguang City). He was detained by Mingguang Public Security Bureau for three days on March 25, 2019 for illegal trading of dangerous gasoline. He was detained by Mingguang Public Security Bureau on December 9, 2019 on suspicion of illegal business operation. He was arrested with the approval of the Court on December 24 of the same year and executed by Mingguang Public Security Bureau on the same day.

The defendant Luo Moujia, male, born on * * *, 1994 in Mingguang City, Anhui Province, with ID card number 3411821994 ************, Han nationality, junior high school culture, migrant worker, lives in * * Village * * Community, * * Town, Mingguang City (registered permanent residence: * * Group * * Village, * * Town, Mingguang City). He was detained by Mingguang Public Security Bureau for five days on March 21, 2019 for illegal trading of dangerous gasoline. He was detained by Mingguang Public Security Bureau on December 9, 2019 on suspicion of illegal business operation. He was arrested with the approval of the Court on December 24 of the same year and executed by Mingguang Public Security Bureau on the same day.

Defendant Wang Moujia, male, born in Mingguang City, Anhui Province on * * * *, 1986, ID card number 3411821986 *************, Han nationality, junior high school culture, unemployed, lives in Room * *, Unit * *, * * Building * *, * * Community, Mingguang City (registered permanent residence: No. * * Group * *, * * Village, * * Sub district Office, Mingguang City). Having committed intentional injury and provocation March 24, 2010 He was sentenced by Mingguang People's Court to three years' imprisonment; He was detained by Mingguang Public Security Bureau for six days on March 20, 2019 for illegal trading of dangerous gasoline; He was detained for ten days by Mingguang Public Security Bureau for gambling on November 2, 2019. This time, the suspect was detained by Mingguang Public Security Bureau on December 9, 2019 due to the crime of illegal business operation. On December 24 of the same year, he was arrested with the approval of our hospital and executed by Mingguang Public Security Bureau on the same day.

Dumou, the defendant, male, born in Mingguang City, Anhui Province on * * *, 1989, ID card number 3411821989 ***********, Han nationality, junior high school culture, unemployed, lives at * * Group * *, * * Village, * * Sub district Office, Mingguang City. He was detained by Mingguang Public Security Bureau for six days on June 11, 2019 and twelve days on August 9, 2019 for illegal trading of dangerous substances. He was detained by Mingguang Public Security Bureau on December 9, 2019 on suspicion of illegal business operation. He was arrested with the approval of the Court on December 24 of the same year and executed by Mingguang Public Security Bureau on the same day.

Defendant Liu Mouyi, male, born in Mingguang City, Anhui Province on * * * *, 1994, ID card number 3411821994 **************, Han nationality, junior high school culture, individual, living in No. * *, * * Group, * * Village, * * Sub district Office, Mingguang City. He was convicted of gambling April 24, 2013 Being sentenced to six months of public surveillance by Mingguang People's Court and fined 5000 yuan; He was detained by Mingguang Public Security Bureau for seven days on March 29, 2019 for illegal trading of dangerous substances. He was detained by Mingguang Public Security Bureau on December 9, 2019 on suspicion of illegal business operation. He was arrested with the approval of the Court on December 24 of the same year and executed by Mingguang Public Security Bureau on the same day.

The defendant, Mr. Yin, was born in Dingyuan County, Anhui Province on * * *, 1990. The resident ID card number is 3411251990 *****************, Han nationality, junior high school culture, unemployed, and lives at * * Group * *, * * Village, * * Town, Dingyuan County. On November 22, 2019, he was detained by Mingguang Public Security Bureau on suspicion of illegal business operation. On December 24, the same year, he was arrested with the approval of our court and executed by Mingguang Public Security Bureau on the same day.

The defendant Ye Moujia, male, born in Mingguang City, Anhui Province on * * * *, 1994, ID card number 3411821994 ************, Han nationality, junior high school culture, migrant worker, lives in Room * *, Unit * *, * * Building * *, Mingguang City (registered permanent residence: No. * * Group * *, * * Village, * * Town, Mingguang City). He was detained by Mingguang Public Security Bureau for ten days on June 25, 2019 for illegal trading of dangerous substances. He was detained by Mingguang Public Security Bureau on December 9, 2019 on suspicion of illegal business operation. He was arrested with the approval of the Court on December 24 of the same year and executed by Mingguang Public Security Bureau on the same day.

Cause of action Mingguang Public Security Bureau At the end of the investigation, the defendants Xia, Qiu and Liu were suspected of illegal business and dangerous driving; The defendants Xue, Wu, Luo, Wang, Du, Liu, Yin and Ye are suspected of the crime of illegal business operation January 20, 2020 To be transferred to this court for examination and prosecution. After accepting the case, the court has informed the defendant that he has the right to entrust defenders, interrogated the defendant according to law, and reviewed all case materials. between which, Due to the complexity of the case, the court extended the time limit for examination and prosecution once on February 20, 2020 (from February 21, 2020 to March 6, 2020).

After legal review, it is found that:

In March 2019, the defendant Xia Moujia found the defendant Qiu Moujia to negotiate to run the gasoline business in partnership in order to seek benefits without obtaining any gasoline sales qualification. The two agreed that Qiu would provide funds, and Xia would be responsible for purchasing refueling equipment and Wan MO * * * * brand JAC van, transforming vehicles and installing storage tanks for selling oil. Both parties agreed to share half of the profits. They rented a courtyard in Xiaoying, Suxiang Town, and buried two large iron cans for oil storage underground in the courtyard. The latter two went to Jinqiang Petrochemical Co., Ltd. in Lijin County, Dongying City, Shandong Province to buy gasoline, and entrusted the logistics company to release the news about the use of an oil tanker, with the freight of 240 yuan/ton. Xue Moujia, the driver of the oil tanker, contacted the two people after learning about it, and then cooperated for a long time. Because it was inconvenient for Xia and Qiu to go to Shandong, they entrusted Xue to pay for the company to buy gasoline and deliver it to Mingguang. Xue earned the corresponding freight.

In May 2019, Xia Moujia bought WanM1 * * * * box truck for refitting and selling oil alone in order to seek greater benefits, and contacted Xue Moujia to settle the payment and purchase gasoline for sale. Then the car burned itself. In July 2019, Xia Moujia and Qiu Moujia hired the defendant Liu Moujia as the driver and agreed on a monthly salary of 4000 yuan. Liu Moujia drove a modified gasoline vehicle to deliver oil for sale. On the evening of September 20, 2019, when Liu Moujia drove the Wan M0 * * * * refueling truck to the Xiaoying fuel storage point in Suxiang to refuel, the vehicle caught fire. In order to avoid punishment, Xia Moujia drove the burning vehicle to the Fengzhuang section of Suxiang, the new 104 national highway, and then abandoned the vehicle to escape.

From March to September 2019, Xia and Qiu jointly purchased more than 1.38 million yuan of gasoline for sale, while Xia and A purchased more than 240000 yuan of gasoline for sale, and the two illegally earned more than 100000 yuan. In order to earn freight, the defendant Xue Moujia, knowing that Xia Moujia and Qiu Moujia sold gasoline privately, still bought 13 gasoline cars from * * Petrochemical Company and transported them to Mingguang on behalf of settlement. The amount involved in the case was more than 1.62 million yuan and the freight earned was more than 20000 yuan.

During the period when the defendants Xia Moujia and Qiu Moujia jointly sold gasoline wholesale, the defendants Liu Moujia, Wu Moujia, Luo Moujia, Wang Moujia, Du Moumou, Liu Mouyi, Yin Moumou and Ye Moujia refitted second-hand vans, added oil tanks and refueling guns, and sold gasoline wholesale and retail from Xia Moujia and Qiu Moujia, all of which involved more than 50000 yuan. The specific facts are as follows:

In March 2019, the defendant Liu Moujia believed that the sale of gasoline could earn profits, so he bought a second-hand Wuling van with a red license plate of Wan M5 * * * * *, which was equipped with a 1000L iron can and refueling gun. Illegal sale of gasoline purchased from Xia and Qiu. From March 2019 to June 2019, Liu illegally sold more than 100000 yuan of gasoline, earning more than 20000 yuan.

In March 2019, the defendant Wu Moujia believed that the sale of gasoline could earn profits, so he bought a second-hand gold cup van without a license plate, and added a 1000L iron can and refueling gun. After Xia contacted Wu, Wu bought gasoline from Xia and sold it illegally. From March 2019 to September 2019, Wu illegally sold more than 240000 yuan of gasoline, earning more than 40000 yuan.

In March 2019, after the defendant Luo Moujia added private oil at Xia Moujia, he thought that the sale of gasoline could earn profits, so he refitted the WanM9 * * * * van, installed plastic barrels and refueling guns, and illegally sold gasoline after buying it from Xia Moujia. From March 2019 to September 2019, Keluo illegally sold more than 190000 yuan of gasoline, earning more than 30000 yuan.

In March 2019, the defendant Wang Moujia negotiated with Xia Moujia to sell gasoline to the outside world in order to seek benefits. Wang bought a second-hand WanML * * * * brand van, and added 1000L plastic barrels and refueling guns to sell gasoline. From March 2019 to August 2019, Wang illegally sold more than 190000 yuan of gasoline, earning more than 30000 yuan.

In March 2019, the defendant Du Moumou heard his old cousin Xia Moujia say that he was selling gasoline wholesale to the outside world recently, and he could make money and work together if he had nothing to do. In order to gain profits alone, he bought a Anhui M6 * * * * van with a 1000L plastic bucket and refueling gun, and bought gasoline from Xia. From March 2019 to August 2019, the company illegally sold more than 120000 yuan of gasoline and earned more than 20000 yuan.

In March 2019, the defendant Liu Mouyi negotiated with Xia Moujia to sell gasoline to the outside world for profit. Liu bought a second-hand WanM3 * * * * brand van, and added 1000L plastic barrels and refueling guns to sell gasoline. From March 2019 to September 2019, Liu illegally sold more than 110000 yuan of gasoline, earning more than 20000 yuan.

In May 2019, after knowing Xia, the defendant Yin promised to help Xia sell bulk gasoline in Chuzhou in order to seek benefits. Yin bought a second-hand van without a license plate and installed a 1000L iron can and a refueling gun. The two agreed that Yin's monthly salary was 3000 yuan plus 3% of the gasoline sales of the previous month. One month later, the two changed the way of cooperation, and Yin took it for himself, and more work, more gains. From May 2019 to September 2019, this Yin illegally sold more than 80000 yuan of gasoline, earning more than 14000 yuan.

In June 2019, the defendant Ye met Xia. In July, Xia contacted Ye to sell gasoline for him. With the consent of Ye, he drove his modified Anhui MG * * * * brand vehicle to take oil from Xia and sell it to the outside world. From July 2019 to September 2019, the leaf illegally sold more than 70000 yuan of gasoline, earning more than 16000 yuan.

The evidence for ascertaining the above facts is as follows:

1. Documentary evidence such as the registration form of the case, the process of capture, the detention decision and list, household registration information, the administrative punishment decision, the criminal judgment, etc;

2. Witness Shao, Tang, Dai Xue XX, Wu XX, Yang XX, Luo XX, Qiu XX, Qiu XX C, Chen XX A, Huang XX, Xia XX B, Dai XX B, Lu XX, Liu XX C, Dai XX C, Li XX, Song XX, Wang XX B, Zhang XX, Ye XX B, Suo XX, Meng XX, Chen XX B, Yu XX, Che XX, Liu XX Ding, Dai XX D, Liu XX Wu, Gao XX, Mao XX, Liu XX Wang, Zhang, Shi Testimony;

3. The confession and defense of the defendants Xia, Qiu, Xue, Liu, Wu, Luo, Wang, Du, Liu, Yin, Ye;

4. Records of inspection and identification by Mingguang Public Security Bureau;

5. Electronic data.

In our opinion, the defendant Xia Moujia, Qiu Moujia and Liu Moujia violate the national regulations by operating without permission the goods restricted by laws and administrative regulations, disturbing the market order, and the circumstances are serious; Transport dangerous chemicals in violation of the regulations on the safety management of dangerous chemicals, and the spontaneous combustion of the vehicle endangers public safety. If his act violates the first paragraph (1) of Article 225, the fourth paragraph of the first paragraph of Article 133-1, and the second paragraph of Article 25, the first paragraph of the Criminal Law of the People's Republic of China, he shall be investigated for criminal responsibility for the crime of illegal business operation and the crime of dangerous driving. The defendant Xue Moujia clearly knows that the defendants Xia Moujia and Qiu Moujia still help to buy and transport gasoline illegally, and their behavior violates the first paragraph of Article 225 and the first paragraph of Article 25 of the Criminal Law of the People's Republic of China, so they should be investigated for criminal responsibility for the crime of illegal business operation. The defendants Wu Moujia, Luo Moujia, Wang Moujia, Du Moumou, Liu Mouyi, Yin Moumou and Ye Moujia still purchased gasoline from the defendants Xia Moujia and Qiu Moujia for sale without business license. The circumstances are serious, and their acts have all violated Item (1) of Article 215 of the Criminal Law of the People's Republic of China, and they should be investigated for criminal responsibility for the crime of illegal business operations. The above-mentioned defendants have clear criminal facts, reliable and sufficient evidence, and shall be investigated for criminal responsibility for their respective crimes. In accordance with the provisions of Article 176 of the Criminal Procedure Law of the People's Republic of China, if you initiate a public prosecution, please be sentenced according to law.

Sincerely

People's Court of Mingguang City, Anhui Province

Inspector: Li Guanzhong

March 5, 2020

Attachment:

1. Defendant People Xia, Qiu, Liu, Xue, Wu, Luo, Wang, Du, Liu, Yin, Ye Now he is in custody in Mingguang Detention Center.

2. Five volumes of file materials and evidence, and three CDs.